Court says unethical inducements to doctors raise serious public health concerns; Union of India asked to hold stakeholder consultations and submit recommendations within two months.
New Delhi, Oct. 8, 2026: The Supreme Court on Thursday directed the Union government to constitute, within two weeks, a committee to comprehensively examine unethical pharmaceutical marketing practices and recommend measures to strengthen the regulatory framework governing the industry.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order while hearing a writ petition filed by the Federation of Medical & Sales Representatives Association of India and others, who alleged that pharmaceutical companies routinely offer gifts, hospitality, travel, and monetary benefits to doctors to influence prescriptions. The petitioners argued that such practices lead to irrational and over-prescription of medicines, inflate treatment costs, and adversely affect public health and the right to health under Article 21 of the Constitution.
The Court noted that the issue is one of “considerable public importance” and has a direct bearing on affordability of medicines, transparency in healthcare, and the right to life. It observed that the effectiveness of any regulatory regime cannot be judged merely by the existence of norms on paper, but by their actual implementation, monitoring, and enforcement.
At the same time, the Bench made clear that regulation of pharmaceutical marketing is primarily a matter of legislative and executive policy. The Court said it cannot substitute its own policy choices for those of the government, but can intervene to facilitate a meaningful consultative process where public health concerns are involved.
The Union government informed the Court that it had already held consultations between the Department of Pharmaceuticals and the Department of Health and Family Welfare, and had discussed the issue with industry bodies including the Indian Drug Manufacturers’ Association, Indian Pharmaceutical Alliance, and Organisation of Pharmaceutical Producers of India. It also stated that it proposed to set up a three-member committee to examine the adequacy of the existing framework and suggest reforms.
The Court directed that the committee must carry out a holistic examination of all issues relating to unethical pharmaceutical marketing practices, including the adequacy of the current statutory and regulatory framework, monitoring and enforcement mechanisms, and steps needed to improve transparency and accountability. It further ordered that the committee must consider the material already placed before the Court by the petitioners and intervenors, and give them a reasonable opportunity to present their views and suggestions. Other stakeholders may also be heard.
The committee has been asked to submit its recommendations to the Union government within two months from its first meeting. The government must then take a reasoned decision on the recommendations at the earliest.
Importantly, the Court recorded the Union’s stand that the existing Uniform Code for Pharmaceutical Marketing Practices, 2024 will continue to govern pharmaceutical marketing practices until the committee’s recommendations are considered and acted upon.
The Court also directed the Union of India to file a compliance affidavit detailing the constitution of the committee, the consultative process, the recommendations received, and the decision taken on them. The matter has been listed for further hearing on January 29, 2027.
Statutory provision(s): Article 21, Article 32, Article 142 of the Constitution of India, 1950
